Arguments wrap up in the appeal of Seoul Mayor Oh Se-hoon, who was fined 10 million won by a lower court — an amount that under the Political Funds Act would cost him his post — on charges that he commissioned opinion polls from political broker Myung Tae-kyun and had a donor cover the bills.
The Seoul High Court's Criminal Division 7, presided over by Senior Judge Ku Hoe-keun, holds the final hearing at 2 p.m. on the 2nd for Oh, former Seoul Vice Mayor for Political Affairs Kang Chul-won and businessman Kim Han-jung, described as a backer of Oh, on charges of violating the Political Funds Act, according to legal circles on the 2nd.
The hearing proceeds with closing arguments and a sentencing request from the team of Special Counsel Min Joong-ki, followed by the defense's closing arguments and the defendants' final statements. The court has said in earlier hearings that it plans to rule as early as Oct. 23. That would put the appellate conclusion roughly three months after the first-instance verdict handed down on July 22.
Oh was indicted on charges that, ahead of the April 2021 Seoul mayoral by-election, he commissioned opinion polls from Myung through Kang, then his chief of staff, and had Kim, his backer, cover the cost of the polls that were conducted. The special counsel believes 33 million won in costs for a total of 10 polls was paid through Kim.
In July, the first-instance court found that of the 10 polls cited in the indictment, three unpublished polls and two polls intended for publication were commissioned by Oh's side. The court said Kim had no reason to readily hand such a large sum to Myung without a request from Oh's side, and recognized 21 million won in costs for five polls as covered payments. It fined Oh 10 million won. Under the Political Funds Act, that amount costs him the mayoralty.
In the appeal, Oh's side has focused on undermining the credibility of Myung's statements, the central issue in the case. At issue in particular is a recording of a phone call with Myung that Kim recently submitted. In the recording, Kim says he acted on his own initiative to help Oh, stating, "It wasn't something they asked for, I did it on my own." Myung also says, "Oh Se-hoon doesn't know. He doesn't know, so don't worry. I'll take care of it."
Oh's side argued the recording shows Kim supported the polling costs independently, unrelated to any request from Oh. The special counsel, by contrast, has questioned whether the material is complete, noting that only three of 35 recordings found on the mobile phone were submitted. The court admitted it as impeachment evidence, saying there were no signs of illegal acquisition or of falsification or manipulation. Myung's side, however, is reported to have submitted a written statement to the court saying the remark "Oh Se-hoon doesn't know" referred not to the polls but to the opposition's efforts to field a single candidate.
